Sarasu v. Gandhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2024

CORAM

THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN Sarasu ... Petitioner / Plaintiff Vs.

1. Gandhi

2. Velayutham ... Respondents/ Defendants PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned III Additional District Munsif Judge, Kallakurichi to dispose of O.S. No. 76 of 2021. For Petitioner :

Ms. R.Divyapreathika

O R D E R

The civil revision petition seeks for expeditious disposal of O.S. No. 76 of 2021 pending on the file of the III Additional District Munsif Judge, Kallakurichi.

2. When the matter came up for admission on 21.08.2024, I called for a report from the learned Judge. He has sent a report stating that he is not in a position to take up the suit of disposal since an application for interim 1/4

injunction is pending in I.A. No. 630 of 2023.

3. Ms. Divyapreathika would state that subsequently the learned Judge has directed the defendant to file an affidavit in I.A. No. 630 of 2023, stating he would not make any further constructions affecting the suit scheduled mentioned property and therefore, she contemplates to withdraw the application itself. If the interlocutory application is disposed of, either by withdrawal or by filing of an affidavit, no further orders would be necessary in the said application. Therefore, the path for disposal of the suit is clear. Accordingly, the learned III Additional District Munsif Court at Kallakurichi is requested to dispose of O.S. No. 76 of 2021 within a period of six months from the date the suit when the trial opens.

4. With the above direction, the civil revision petition is disposed of. No costs.

05.09.2024 Index : Yes/No Speaking order : Yes/No NCC : Yes/No pal To 2/4

The III Additional District Munsif Judge, Kallakurichi. 3/4

V.LAKSHMINARAYANAN, J.

, pal 05.09.2024 4/4